BILL ANALYSIS                                                                                                                                                                                                    Ó






                  SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
                                Mark Leno, Chair
                                        
          Bill No:       AB 105
          Author:        Committee on Budget
          As Amended:    August 27, 2013
          Consultant:    Mark Ibele
          Fiscal:        Yes
          Hearing Date:  August 29, 2013
          
          Subject:  This is the active transportation budget trailer  
          bill for 2013-14.  It contains necessary changes to enact  
          modifications for purposes of the Budget Bill for 2013-14. 

          Summary:  This legislation addresses changes to certain  
          transportation programs by consolidating several separate  
          programs into a consolidated program that addresses active  
          transportation.  The proposed Active Transportation Program  
          (ATP) would bring together all or portions of five existing  
          programs, consisting of the federal Transportation  
          Alternatives Program, (which includes the Recreational  
          Trails Program), the state and federal Safe Routes to  
          Schools programs, the state Environmental Enhancement and  
          Mitigation Program, and the state Bicycle Transportation  
          Account.

          Current Law:  Under current law, California has established  
          funds and programs that address bicycling, walking, and  
          other forms of human-powered transportation.  These  
          programs are funded at approximately $139.9 million  
          annually through both state and federal sources.  The  
          specific programs are:

             1.   The Bicycle Transportation Account (BTA) is a  
               program providing state funds for city and county  
               projects that improve safety and convenience for  
               bicycle commuters.  Projects must be designed and  
               developed to achieve the functional commuting needs  
               and the physical safety of bicyclists. Local agencies  
               first establish eligibility by preparing and adopting  
               a bicycle transportation plan approved by the local  
               agency's regional transportation planning agency.   
               Projects may include new bikeways serving major  
               transportation corridors, removal of travel barriers  
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               to potential bicycle commuters, bicycle-carrying  
               facilities on public transit vehicles, elimination of  
               hazardous conditions on existing bikeways, and  
               improvement and maintenance of bikeways.

             2.   Safe Routes to School consists of the state Safe  
               Routes to School (SR2S) and the federal Safe Routes to  
               School (SRTS) programs.  Federal and state components  
               differ in some respects, but both programs are  
               intended to achieve the same basic goal of increasing  
               the number of children walking and bicycling to school  
               by funding projects that improve safety and remove  
               barriers.  Those barriers include lack of  
               infrastructure, unsafe infrastructure, and the lack of  
               programs that promote walking and bicycling through  
               education.  SR2S and SRTS are intended to improve  
               safety and establish initiatives that promote walking  
               and bicycling within a collaborative community  
               framework.  Projects could include sidewalk, curb and  
               gutter construction, crosswalk and signal upgrades,  
               multi-use paths and trails, intersection safety  
               improvements, median upgrades, and other  
               infrastructure investments.  The program also includes  
               non-infrastructure aspects, such as education and  
               community outreach.

             3.   The Environmental Enhancement and Mitigation (EEM)  
               Program was established in 1989.  The program allows  
               for the allocation of $10 million annually to local,  
               state, and federal agencies, and nonprofit  
               organizations for grants to mitigate the environmental  
               impacts of modified or new public transportation  
               facilities.  Funding is provided in the following  
               categories:  a) Highway Landscaping and Urban Forestry  
               projects designed to offset vehicular emissions of  
               carbon dioxide through planting of trees and other  
               suitable plants, within or outside the right-of-way of  
               a related transportation facility; b) Acquisition of  
               Resource Lands, including the acquisition, restoration  
               or enhancement of resource lands that protect or  
               enhance ecosystem watershed or other statewide natural  
               resources priorities. These lands mitigate the loss  
               of, or the detriment to, resource lands laying within  
               or near the right-of-way acquired for transportation  
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               improvements; c) Roadside Recreation projects  
               providing for development of roadside recreational  
               opportunities such as, roadside rests, scenic  
               overlooks, 'sno-parks,' trails, trailheads, and parks;  
               and d) Mitigation Projects that mitigate the impact of  
               proposed transportation facilities or enhance the  
               environment, where the ability to effectuate the  
               mitigation or enhancement measures is beyond the scope  
               of the lead agency responsible for assessing the  
               environmental impact of the proposed transportation  
               improvement.

             4.   The Recreational Trails Program (RTP), as part of  
               the federal Transportation Alternative Program,  
               provides funds to states to develop and maintain  
               recreational trails and trail-related facilities for  
               both non-motorized and motorized recreational trail  
               uses.  The RTP is an assistance program of the  
               Department of Transportation's Federal Highway  
               Administration. Federal transportation funds benefit  
               recreation, including hiking, bicycling, in-line  
               skating, equestrian use, cross-country skiing,  
               snowmobiling, off-road motorcycling, all-terrain  
               vehicle-riding, four-wheel driving, or use of other  
               off-road motorized vehicles.

          The 2013 Budget Act adopted language within each of the  
          programs indicating that funds appropriated for these  
          programs would not be available for expenditure until the  
          Secretary of Transportation convenes a working group  
          regarding active transportation and until legislation is  
          enacted that creates a new program to promote active  
          transportation.  Active transportation is defined as human  
          powered transportation. 

          Proposed Law:  The bill establishes a consolidated Active  
          Transportation Program that would focus on encouraging use  
          of active modes of transportation, including walking and  
          biking.  The bill also expresses the intent of the  
          Legislature regarding the funding of various other programs  
          and makes various fund shifts.  Specifically, the  
          legislation:

             1.   Consolidates programs and funding for the Bicycle  
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               Transportation Account, state and federal Safe Routes  
               to Schools programs, and portions of the Environmental  
               Enhancement and Mitigation Program and Recreational  
               Trails Program, and establishes the Active  
               Transportation Program (ATP) within the Department of  
               Transportation (Caltrans).  Expresses the intent of  
               the Legislature that the new program meet goals that  
               include: increasing the proportion of trips  
               accomplished by bicycling and walking; increasing  
               safety and mobility of non-motorized users; advancing  
               active transportation efforts of regional agencies to  
               achieve greenhouse gas reduction; enhancing public  
               health; ensuring disadvantaged communities fully share  
               in program benefits; and funding a broad spectrum of  
               types of projects.

             2.   Establishes that the ATP is funded by annual  
               appropriations in the state budget act with 100  
               percent of federal Transportation Alternative Program  
               (TAP) funds (except for amounts of Recreational Trails  
               Program [RTP] funds appropriated to the Department of  
               Parks and Recreation [DPR]); $21.0 million of Highway  
               Safety Improvement funds or other federal funds; State  
               Highway Account (SHA) funds as appropriated in the  
               annual budget act; and other funds and resources as  
               may become available.

             3.   Directs that funds received in the ATP be  
               distributed as follows: 40 percent to metropolitan  
               planning organizations in urban areas with populations  
               of greater than 200,000 in proportion to their  
               relative population, awarded through a competitive  
               process; 10 percent to small urban and rural regions  
               with populations of 200,000 or less for projects  
               competitively awarded by the California Transportation  
               Commission (CTC); and 50 percent competitively awarded  
               by the CTC on a statewide basis.  For multicounty  
               planning agencies, the multicounty planning agency  
               would consult with the county transportation agencies,  
               the CTC and Caltrans as part of the selection process.

             4.   Directs the CTC to develop guidelines for project  
               selection in consultation with a designated ATP  
               workgroup, which would be formed to provide guidance  
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               on development of program guidelines, schedules and  
               procedures, project selection criteria, performance  
               measures, and program evaluation.  The ATP workgroup  
               is to be comprised of representatives of government  
               agencies and stakeholder groups.  Guidelines shall be  
               adopted within six months following the enactment of  
               ATP legislation.

             5.   Establishes that the guidelines shall be a complete  
               statement of policies and criteria that the CTC will  
               use in selecting projects, including project  
               eligibility, application timelines, application rating  
               and ranking criteria, project monitoring, reporting  
               and transparency and performance measurement.  The  
               guidelines will include a process that ensures that no  
               less than 25 percent of overall ATP funds benefit  
               disadvantaged communities, as defined in the  
               guidelines.  The guidelines will be adopted by the CTC  
               following at least two public hearings and may be  
               amended after conducting at least one public hearing.

             6.   Specifies that guidelines for project eligibility  
               could include, but not be limited to: development of  
               new or improvements to existing bikeways and walkways,  
               bike parking or carrying facilities, traffic control  
               and intersection improvements, elimination of  
               hazardous conditions for active transportation,  
               recreational trail improvements, safe routes to  
               schools projects, and educational or other  
               non-infrastructure programs that increase active  
               transportation.

             7.   Provides that the guidelines for project selection  
               shall include, but not be limited to, the following  
               criteria: demonstrated need of the applicant,  
               potential for reducing active transportation-related  
               accidents, potential for increasing active  
               transportation, identification of safety issues,  
               identification of new routes for walking and biking,  
               public participation process, benefit to disadvantaged  
               communities, cost-effectiveness, adoption of various  
               active transportation plans, use of California  
               Conservation Corps, and other factors such as  
               environmental aspects.  The CTC may adopt separate  
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               guidelines for the state and regions, and collaborate  
               with DPR for projects funded by federal funds in the  
               RTP.  The CTC will also form an advisory group to  
               assist with project applications.

             8.   Indicates that the guidelines for the use of TAP  
               funds or other federal funds will meet federal  
               requirements and may include incentives intended to  
               maximize the potential for attracting additional  
               funds.  Contains a legislative finding and declaration  
               that the ATP constitutes a highway purpose under the  
               California Constitution and justifies the expenditure  
               of highway funds on the selected projects.

             9.   Requires the CTC to report to the Joint Legislative  
               Budget Committee on its draft guidelines.  The CTC  
               must also include in its annual report a list of  
               projects selected, breakdown of types of projects  
               funded, data on awards to disadvantaged communities,  
               and-in its 2015 report-an evaluation of the program.
          
          Background:  Changes to the existing programs that address  
          active transportation was proposed by the Administration as  
          part of the 2013 Governor's Budget.  The proposal was not  
          adopted by the Legislature and no alternative compromise  
          proposal was reached prior to the adoption of the 2013  
          Budget Act.  The budget bill language in the 2013 Budget  
          Act designating a process to adopt legislation was designed  
          to further discussions for a new active transportation  
          program.  The bill is the result of extensive discussions  
          involving the Legislature, administration and stakeholders.

          Fiscal Effect:  The proposal would consolidate funding for  
          several existing programs into a single program for active  
          transportation.  There would be no change in the aggregate  
          level of funding.

          Support:  NA

          Opposed:  NA

          Comments:  The consolidation of existing separate programs  
          is intended to add additional flexibility to the program,  
          facilitate projects that cross over various active  
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          transportation activities, allow for funding of larger more  
          comprehensive projects, and streamline the application and  
          approval process.  Budget bill to be considered by the  
          Legislature includes language that addresses amounts set  
          aside for safe routes to school projects for the current  
          year and the two years following.
          




































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